(영문) 수원지방법원 2015.12.11 2014가단536635

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(영문) 수원지방법원 2015.12.11 2014가단536635

보증금반환

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1. Defendant C’s 78,900,000 won and Defendant B’s 71,200,000 won and each of them jointly with Defendant C.

Reasons

1. Facts of recognition;

A. On September 9, 2013, the Plaintiff concluded a sales contract with the Defendants on the following terms: (a) between the Defendants, the Plaintiff sold the land and the building on the land and its ground (hereinafter “instant building”) of Jung-gu Incheon, Jung-gu, Incheon (hereinafter “instant building”); (b) KRW 60 million out of the purchase price was paid on the date of the contract; and (c) KRW 940 million was paid on the date of the contract; and (d) in lieu of the Defendants’ acceptance of the collateral loans, etc. on each of the instant real estate; and (e) the remainder amount of KRW 90 million was paid on September 13, 2013 (hereinafter “instant sales contract”).

B. On September 13, 2013, the Plaintiff entered into a lease agreement with the Defendants to lease the first and sixth floors of the instant building by setting the lease deposit amount of KRW 100 million, monthly rent of KRW 240,000,000 from September 13, 2013 to September 12, 2014 (hereinafter “instant lease agreement”). The said lease deposit amount of KRW 100,000,000 to the Defendants was paid by the Plaintiff in a manner that the Plaintiff reduced the remainder of the instant sales contract to KRW 100,000,000 to the Defendants.

C. However, around October 2013, the Plaintiff agreed to amend the instant lease agreement between the Defendants and the Defendants to rent only the first floor of the instant building. Since then, the Defendants occupied the sixth floor of the instant building.

On August 29, 2014, the Plaintiff delivered the first floor of the instant building to the Defendants.

E. Meanwhile, from September 16, 2013 to November 14, 2013, the Plaintiff, on behalf of the Defendants, repaid KRW 3,827,167, the total amount of interest on collateral loans set forth in the subject matter of the instant sales contract, on behalf of the Defendants.

[Reasons for Recognition] Defendant B: A without dispute, entry of evidence Nos. 1 through 7, the purport of the whole pleadings, Defendant C: by service by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination as to the cause of claim

A. The part of the claim for the refund of the lease deposit is found to be 1.

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